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States Attorney,
with
________________
Guillermo Gil, United States Attorney, Jose A. Quiles Espinosa, Sen
_____________
_______________________
Litigation Counsel, Criminal Division, and Jeanette Mercado Ri
____________________
Assistant United States Attorney, were on brief for appellee.
____________________
December 13, 1993
____________________
to
importing cocaine
circumstances for
a
sentencing
prison.
18 U.S.C.
related charges)
approximately
20
to 25
2; 21 U.S.C.
2D1.1(c) (base
under
years
in
841(a)(1), 952,
offense level of
38);
acceptance
(and
pled
range of
See
___
of
responsibility);
U.S.S.G.
reduction for
Ch.
5,
Pt.
(sentencing
table).
the government,
the district
court departed
downward from
departed downward by
more than
as here relevant)
see 18 U.S.C.
___
this power
permit
Although they
departure that is
3742(f)(2), they
in the context
provide
of other
give the
provisions that
to appeal
To be
specific, the
-22
relevant
provision
permits
the
defendant
to
appeal the
reasonableness
of
sentence specified
." Id.
__
sentence that
"is
greater
than the
3742(a)(3).
. . .
appeal
a sentence
incorrect
avoid this
problem by
that
"was
imposed as
pointing
a defendant to
a
result of
3742(a)(2).
We
an
Id.
__
that this
the defendant.
a court does
United States v.
_____________
Pighetti, 898
________
ban on
statutes
to
work.
alleges
the district
court
it
See,
___
case for
reflected
some
misunderstanding.
1150, 1157 (1st
may
not
deciding
rely
other
kind
of
fundamental
on constitutionally
to forgo
or
substantial assistance).
curtail
983 F.2d
a sentencing court
proscribed
downward
factors
departure
in
for
have departed
tried to
by more
create a kind
his co-defendants
previously
held
United States v.
_____________
-- an
cannot
the court
years had
basis
Soltero,
it not
him and
that we
for
have
departure.
932
F.2d 67, 73
(1991).
S. Ct. 112
doing.
Rather, the sentencing judge said the following:
I am well aware of the cooperation of
the defendant.
But that is one factor
-55
Nothing in
this statement
suggests an
explicit effort
"equalize"
to
1156-57.
Soltero makes
consideration somehow
including his
extent of a
To take account of a
role in
the
downward departure
such a
misunderstanding of
the guidelines.
For these
court is
Affirmed.
________
reasons, the
judgment of
the district
-66